This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
Texas Addressing Holdover Tenancy in a Lease
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US-OL24031
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FAQ
In Texas, a landlord must provide holdover tenants a three-day notice to vacate. If they refuse to move out by the end of the three days, you can file a forcible detainer suit (AKA eviction lawsuit) against them in court.
Holdover rent is the amount that landlords can charge tenants who remain in the property after the lease term ends without the landlord's consent. It is usually a percentage of the regular rent, such as 150% or 200%, and it can be charged on a daily or monthly basis.
As long as the tenant does not violate any rules, they can stay until their rental period ends. But if the tenant stays in the property even a day after their lease/rental agreement ends and has not arranged for a renewal, landlords can issue a 30-Day Notice to Vacate.
In Texas there is no statute for how much a landlord can charge as a late fee; rather, the fee is required to reflect ?a reasonable estimate of uncertain damages to the landlord that are incapable of precise calculation and result from late payment of rent?.
The holdover provision in the Texas Constitution generally requires state officers whose terms have expired to continue to serve until they are reappointed or replaced.
